(a) Private swimming pools, hot tubs and spas, containing water more than twenty-four (24) inches in depth shall be completely surrounded by a fence or barrier at least forty-eight (48) inches in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self-closing and self-latching. Where the self-latching device is a minimum of fifty-four (54) inches above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six (6) inches from the gatepost. No existing pool enclosure shall be removed, replaced, or changed in a manner that reduces its effectiveness as a safety barrier.
(b) Spas or hot tubs with a safety cover that complies with ASTM F 1346 shall be exempt from the provisions of this section.
(c) The Building Commissioner may permit other protective devices or structures to be used for a private swimming pool located in the rear yard of a lot that abuts Lake Erie instead of a fence or barrier erected along the edge of the property abutting Lake Erie provided the degree of protection afforded by the substitute device or structure is not less than the protection afforded by erection of a fence or barrier, completely surrounding the pool as described in Section 1329.03(a).
(Ord. 4117. Passed 9-22-21.)